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MEMORANDUM OF UNDERSTANDING BETWEEN THE GOVERNMENT OF CANADA AND THE GOVERNMENT OF THE REPUBLIC OF KOREA CONCERNING WORKING HOLIDAY PROGRAMS

The Government of Canada and the Government of the Republic of Korea (hereinafter referred to as "the Parties"),

In a spirit of promoting closer cooperative relations between Canada and the Republic of Korea,

Desirous of providing wider opportunities for nationals or citizens of each country, particularly youth, to appreciate the culture and general way of life of the other for the purpose of promoting mutual understanding between Canada and the Republic of Korea,

Wishing to provide arrangements for Working Holidays which are intended to make it possible for Korean nationals to enter Canada and Canadian citizens to enter the Republic of Korea, primarily to holiday for an extended period and also engage in employment as an incidental aspect of their holiday in order to supplement their travel funds,

Have reached the following understanding:

  1. Each Party will issue a Working Holiday authorization (a letter of introduction for a Korean and a visa for a Canadian) at a diplomatic or consular mission of the respective countries, to a maximum of 200 individuals who satisfy each of the following requirements:
    1. In the case of applications by Koreans, are Korean nationals who are resident in the Republic of Korea, and in the case of applications by Canadians, are Canadian citizens who are resident in Canada;
    2. Intend primarily to holiday in the country of destination for a specific period;
    3. Are between eighteen (18) and twenty-five (25) years of age, both inclusive, at the time of application for a Working Holiday authorization, except in those cases where the competent authorities of both Parties decide to extend the limitation of age to thirty (30) years;
    4. Are persons without accompanying dependents;
    5. Possess a valid passport and a return travel ticket or sufficient funds with which to purchase such a ticket;
    6. Possess sufficient funds for their maintenance, including medical expenses or evidence of appropriate medical insurance, during the initial six (6) months' stay in Canada or the Republic of Korea as the case may be;
    7. Korean applicants will be subject to undergo, by a medical officer recognized by the Canadian government, a medical examination to obtain their authorization to visit Canada in order 10 be eligible to work in Canadian food industries or where there is a public health concern for Canadians.
  2. Application for the Working Holiday Program visa as referred to in paragraph 1 above will be made, in the case of Canadian applicants, to a diplomatic or consular mission of the Government of the Republic of Korea and, the letter of introduction, in the case of Korean applicants, to a diplomatic or consular mission of the Government of Canada. When necessary, applicants will be interviewed by representatives of the mission to which application is made, to determine their eligibility.
  3. Applicants will not be refused an authorization under the Working Holiday Program solely on the grounds of their lack of knowledge of the English or French languages (in the case of Korean applicants wishing to visit Canada under the Working Holiday Program) or their lack of the Korean language (in the case of Canadian applicants wishing to travel to the Republic of Korea under the same Program).
  4. Each Party will grant to holders of the Working Holiday authorization, as mentioned in paragraph 1 above, permission to stay in Canada or the Republic of Korea for an initial period of up to six (6) months. Both Parties will also grant, where appropriate, an extension of up to six (6) months, provided that Korean nationals undergo and pass an examination by a medical officer recognized by the Canadian government.
  5. Both Parties will provide Working Holiday Program applicants with a list of types of occupations not eligible under the Program in their respective countries. Both Parties will not impose any cost recovery mechanism for employment authorization or visa fees. Extensions to a Working Holiday authorization will also be granted to Working Holiday Program participants inside the visiting country by both Parties.
  6. Participants in the Working Holiday Program will comply with the laws and regulations of the visiting country. Participants under the Program will have full protection of applicable labour laws in the visiting country and they will be subject to all deductions that any employee must pay when working in that country.
  7. Both Parties will permit incidental studies, of three months or less, of the English or French languages in Canada for Korean nationals or the Korean language in Korea for Canadian citizens.
  8. Both Parties acknowledge that, in their respective countries, a work contract or work arrangement signed by participants of the Working Holiday Program and their employers is legally binding for both Parties and that its terms or conditions cannot be modified, in pan or in full, at any time except under mutual agreement reached without constraints.
  9. Both Parties will encourage youth, cultural, and community organizations in their respective countries to provide appropriate counselling facilities for Canadian citizens who have entered the Republic of Korea or for Korean nationals who have entered Canada on the Working Holiday authorizations.
  10. Both Parties may suspend reciprocally the foregoing provisions in whole or in part temporarily for reasons of public policy. Any question that might arise with regard to the interpretation, application or possible suspension of this Memorandum of Understanding will be resolved by the Ministries responsible for foreign affairs of Canada and the Republic of Korea by means of consultations through diplomatic channels.
  11. Amendments to this Memorandum may be concluded at any time in written form between the two Parties.
  12. This Memorandum will take effect from the first of January 1996 and will continue to be in effect for a trial period of twelve (12) months after which time it may be extended by a further arrangement, following a reassessment of the Working Holiday Program to be undertaken by both Parties.
  13. Notwithstanding any termination or suspension of this Memorandum or of any provisions of this Memorandum, unless otherwise agreed by the Parties, any person who at the date of such termination or suspension already holds a valid Working Holiday authorization shall be permitted to enter and/or remain in such country and to work until such authorization expires.
  14. Either Party may terminate this Memorandum by giving three (3) months written notice to the other Party.

Signed in duplicate at Ottawa this 20th day of October 1995 in the English, French and Korean languages, all versions being equally valid.

FOR THE GOVERNMENT OF CANADA
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FOR THE GOVERNMENT OF REPUBLIC OF KOREA
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AMENDMENT TO THE MEMORANDUM OF UNDERSTANDING BETWEEN THE GOVERNMENT OF CANADA AND THE GOVERNMENT OF THE REPUBLIC OF KOREA CONCERNING WORKING HOLIDAY PROGRAMS

The Government of Canada and the Government of the Republic of Korea,

Recalling the Memorandum of Understanding Between the Government of Canada and the Government of the Republic of Korea Concerning Working Holiday Programs, done at Ottawa the 20th day of October, 1995, (hereinafter referred to as "the MOU"),

Recognizing that both countries have encouraged youth exchanges on a reciprocal basis through Working Holiday Programs (WHP) for the past year on a trial basis,

Acknowledging that these programs have proved to be useful to both sides, and,

Wishing to continue the present arrangement in order that youth from both countries can appreciate the culture and general way of life of the other for purposes of promoting mutual understanding between Canada and the Republic of Korea,

Have concluded the following Amendment:

ARTICLE I

Paragraphs 12 and 14 of the MOU are hereby deleted and replaced by the following:

"12. Both Parties renew the Memorandum of Understanding for an indefinite period, subject to termination by either Party on three (3) months' written notice."

ARTICLE II

Paragraph I of the MOU is hereby deleted and replaced by the following:

"1.(a) Subject to l.(b), each party will issue a Working holiday authorisation (a letter of introduction for a Korean and a visa for a Canadian) at a diplomatic or consular mission of the respective countries, to individuals who satisfy each of the following requirements:

  1. In the case of applications by Koreans, are Korean nationals who are resident in the Republic of Korea, and in the case of Canadians, are Canadian citizens who are resident in Canada;
  2. Intend primarily to holiday in the country of destination for a specific period;
  3. Are between eighteen (18) and twenty-five (25) years of age, both inclusive, at the time of application for a Working holiday authorization, except in those cases where the competent authorities of both parties decide to extend the limitation of age to thirty (30) years;
  4. Are persons without accompanying dependents;
  5. Possess a valid passport and a return travel ticket or sufficient funds with which to purchase such a ticket;
  6. Possess sufficient funds for their maintenance, including medical expenses or evidence of appropriate medical insurance, during the initial six (6) months' stay in Canada or the Republic of Korea as the case may be;
  7. Korean applicants will be subject to undergo, by a medical officer recognized by the Canadian government, a medical examination to obtain their authorization to visit Canada in order to be eligible to work in Canadian food industries or where there is a public health concern for Canadians.

(b) Each party will establish the number of the other party's participants for the following year, at the end of each year, to reflect its number of participants during the same year, on the basis of reciprocity."

ARTICLE III

This amendment comes into effect upon signature.

Done at Seoul this 13th day of January, 1997, in duplicate in the English, French and Korean languages, each language version being equally valid.

FOR THE GOVERNMENT OF CANADA
RAYMOND CHAN,
SECRETARY OF STATE,
ASIA PACIFIC

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FOR THE GOVERNMENT OF REPUBLIC OF KOREA
YOO CRONG-HA
MINISTER OF FOREIGN AFFAIRS

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Date Modified:
2012-11-05